The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence against the Defendant (over to four months of imprisonment, two years of suspended execution, and 40 hours of community service) is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing materials have not been submitted in the first instance court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances in which the prosecutor alleged the grounds for sentencing were already reflected in the sentencing grounds of the lower court. The Defendant is deemed to have already reflected in the sentencing grounds of the lower court; the Defendant has no record of committing the crime exceeding the fine; the theft amount caused by the instant crime is relatively small amount; the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc. are considered, the lower court’s sentencing does not constitute an unfair judgment beyond the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.